LAW1003 - Skills, ethics and research A

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UNIT OUTLINE

Skills, Ethics & Research A (SER A) consists of two modules, each taken in conjunction with a ‘host’ unit:

Module 1. - Advising & Plea Making is taken in first semester in conjunction with Criminal Law & Procedure A (LAW3301)

Module 2. - Ethics & Teamwork in Legal Practice is taken in second semester in conjunction with Law in Society (LAW1102)

Module 1 - Advising & Plea Making

The purpose of this module is to introduce you to some of the skills required for practising in the field of criminal law; namely, interviewing, fact gathering, analysing the evidence, writing a letter of advice and drafting a plea in mitigation of penalty. The module also provides an opportunity to learn in greater depth about aspects of the criminal law and it is used to assess your knowledge of criminal procedure in the ‘host’ unit.

The module begins with an introductory class in Week 7 of first semester. A video is screened that portrays an interview between a solicitor and a client charged with criminal offences. Over the following four weeks you have two tasks. The first is to gather additional facts about the charges, to research the law and court procedure and to write a letter of advice to the client (1200 words). After you have submitted the letter of advice you will receive some supplementary instructions from the client. These include how the client wants to plead and further information about the client’s personal history and circumstances. Your second task is to draft a plea in mitigation of penalty (1200 words).

The mark you receive for the letter of advice counts towards your results in Criminal Law & Procedure A and in SER A. The plea counts towards your result in SER A only.

Module 2 - Ethics & Teamwork in Legal Practice

The purpose of this module is to raise your awareness of ethical issues that arise in legal practice and to develop your teamwork skills. The module is taken in conjunction with the ethics component of the Law in Society curriculum.

The module begins with an introductory seminar in Week 3 of second semester.

An understanding of and commitment to practising law ethically is as important as technical competence. The lack of ethical behaviour on the part of some lawyers is one reason for the legal profession’s poor public image. To address this, Monash Law aims to ensure that its graduates are ethically aware and committed to the highest standards of professional conduct. Familiarisation with ethics begins in the first year of law studies, continues throughout the degree and culminates in the specialised unit, Lawyers Ethics & Society.

The ability to work effectively in teams is also an important skill for lawyers. Many law firms are organised into specialised sections. While much legal work is done by practitioners working independently, there are many occasions when a team approach is required. The combining of skills and experience within teams means that higher quality and more efficient services can be provided to clients.

At the start of second semester you will be assigned to a team of five or six students. Your team is a firm of solicitors and each member of the team is a partner in that firm. You will be given a set of instructions concerning cases being handled by the firm. The instructions raise ethical and other issues that the partners must resolve.

The module has two assessable tasks. The first is a collaborative task undertaken by the team and the second is an individual task. The team’s task is to write a report (3,600 words) explaining how the firm proposes to resolve the issues facing it. The individual task is a 1200 word online journal in which you reflect on what you have learnt about ethics and teamwork.

The mark you receive for your team’s report counts towards your results in Legal Process and in SER A. The mark you receive for the reflective journal counts towards your result in SER A only.

When will I get more information about the SER A modules?

When each module starts you will receive a Student Guide to the module. Your stream teacher will tell you when the introductory classes in the modules will be held.

Go to the online resources for this unit...

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